Tex. Code of Criminal Procedure § 42A.404
This is the official text of Tex. Code of Criminal Procedure § 42A.404, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER.
Official statutory text
(a) The judge shall require a defendant who is punished under Section 49.09, Penal Code, to attend and successfully complete as a condition of community supervision an educational program for repeat offenders that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider:
(1) the defendant's school and work schedule;
(2) the defendant's health;
(3) the distance that the defendant must travel to attend an in-person educational program;
(4) whether the defendant resides out of state or does not have access to transportation; and
(5) whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.
(b-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045.
(c) The judge shall set out in the judgment, as applicable:
(1) the finding of good cause for waiver; or
(2) the finding that the defendant has successfully completed education as provided by Article 42A.4045.
(b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider:
(1) the defendant's school and work schedule;
(2) the defendant's health;
(3) the distance that the defendant must travel to attend an in-person educational program;
(4) whether the defendant resides out of state or does not have access to transportation; and
(5) whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.
(b-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045.
(c) The judge shall set out in the judgment, as applicable:
(1) the finding of good cause for waiver; or
(2) the finding that the defendant has successfully completed education as provided by Article 42A.4045.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.